A marriage void ab initio is treated as non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can never be ratified by time.
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with permission.
Lack of Authority : Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is set aside by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through violence .
Physical Incapacity : If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | Children's Status | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable void vs voidable marriage philippines marriage, you request an Annulment .
Hiring a qualified family lawyer in the Philippines is essential to manage your case is handled correctly.